Dear Senator Britt:
On February 10th, William R. Bay, president of the American Bar Association, issued a statement about the rule of law that is posted at
Your attention is particularly called to the final two paragraphs of the statement calling upon America's elected representatives to stand with the ABA and to insist upon adherence to the rule of law and calling for every attorney to join with the ABA and insist that the United States government, a government of the people, follow the law.
Do you agree with what Mr. Bray says in the statement? If you disagree with the statement, please say so and say how you disagree.
I am signing this letter and will undertake to get other Alabama lawyers to sign this letter. Other Alabama lawyers who sign this letter may wish to say additional things. In these cases, an asterisk will be placed next to their name below, and the additional thing will be posted on a designated page in this blog.
Very truly yours,
Rob Shattuck
[begin ABA rule of law statement]
It has been three weeks since Inauguration Day. Most Americans recognize that newly elected leaders bring change. That is expected. But most Americans also expect that changes will take place in accordance with the rule of law and in an orderly manner that respects the lives of affected individuals and the work they have been asked to perform.
Instead, we see wide-scale affronts to the rule of law itself, such as attacks on constitutionally protected birthright citizenship, the dismantling of USAID and the attempts to criminalize those who support lawful programs to eliminate bias and enhance diversity.
We have seen attempts at wholesale dismantling of departments and entities created by Congress without seeking the required congressional approval to change the law. There are efforts to dismiss employees with little regard for the law and protections they merit, and social media announcements that disparage and appear to be motivated by a desire to inflame without any stated factual basis. This is chaotic. It may appeal to a few. But it is wrong. And most Americans recognize it is wrong. It is also contrary to the rule of law.
The American Bar Association supports the rule of law. That means holding governments, including our own, accountable under law. We stand for a legal process that is orderly and fair. We have consistently urged the administrations of both parties to adhere to the rule of law. We stand in that familiar place again today. And we do not stand alone. Our courts stand for the rule of law as well.
Just last week, in rejecting citizenship challenges, the U.S. District Judge John Coughenour said that the rule of law is, according to this administration, something to navigate around or simply ignore. “Nevertheless,” he said, “in this courtroom and under my watch, the rule of law is a bright beacon which I intend to follow.” He is correct. The rule of law is a bright beacon for our country.
In the last 21 days, more than a dozen lawsuits have been filed alleging that the administration’s actions violate the rule of law and are contrary to the Constitution or laws of the United States. The list grows longer every day.
These actions have forced affected parties to seek relief in the courts, which stand as a bulwark against these violations. We support our courts who are treating these cases with the urgency they require. Americans know there is a right way and a wrong way to proceed. What is being done is not the right way to pursue the change that is sought in our system of government.
These actions do not make America stronger. They make us weaker. Many Americans are rightly concerned about how leaders who are elected, confirmed or appointed are proceeding to make changes. The goals of eliminating departments and entire functions do not justify the means when the means are not in accordance with the law. Americans expect better. Even among those who want change, no one wants their neighbor or their family to be treated this way. Yet that is exactly what is happening.
These actions have real-world consequences. Recently hired employees fear they will lose their jobs because of some matter they were assigned to in the Justice Department or some training they attended in their agency. USAID employees assigned to build programs that benefit foreign countries are being doxed, harassed with name-calling and receiving conflicting information about their employment status. These stories should concern all Americans because they are our family members, neighbors and friends. No American can be proud of a government that carries out change in this way. Neither can these actions be rationalized by discussion of past grievances or appeals to efficiency. Everything can be more efficient, but adherence to the rule of law is paramount. We must be cognizant of the harm being done by these methods.
Moreover, refusing to spend money appropriated by Congress under the euphemism of a pause is a violation of the rule of law and suggests that the executive branch can overrule the other two co-equal branches of government. This is contrary to the constitutional framework and not the way our democracy works. The money appropriated by Congress must be spent in accordance with what Congress has said. It cannot be changed or paused because a newly elected administration desires it. Our elected representatives know this. The lawyers of this country know this. It must stop.
There is much that Americans disagree on, but all of us expect our government to follow the rule of law, protect due process and treat individuals in a way that we would treat others in our homes and workplaces. The ABA does not oppose any administration. Instead, we remain steadfast in our support for the rule of law.
We call upon our elected representatives to stand with us and to insist upon adherence to the rule of law and the legal processes and procedures that ensure orderly change. The administration cannot choose which law it will follow or ignore. These are not partisan or political issues. These are rule of law and process issues. We cannot afford to remain silent. We must stand up for the values we hold dear. The ABA will do its part and act to protect the rule of law.
We urge every attorney to join us and insist that our government, a government of the people, follow the law. It is part of the oath we took when we became lawyers. Whatever your political party or your views, change must be made in the right way. Americans expect no less.
[end ABA rule of law statement]
Email to Alabama lawyers re 60 Minutes re DOJ and rule of lawFrom: Rob Shattuck <rdshatt@aol.com>
To: Brannon Buck <bbuck@badhambuck.com>; Terri B. Lovell <terri.lovell@alabar.org>; mckinney@watsonmckinney.com <mckinney@watsonmckinney.com>; suzanneduffey@mc-ala.org <suzanneduffey@mc-ala.org>; flatta@burr.com <flatta@burr.com>; wbrewbak@law.ua.edu <wbrewbak@law.ua.edu>; sgarrett@bsol.com <sgarrett@bsol.com>; ccampbell@faulkner.edu <ccampbell@faulkner.edu>; blakehudson@samford.edu <blakehudson@samford.edu>; christy.crow@jinkscrow.com <christy.crow@jinkscrow.com>; richard.raleigh@wbd-us.com <richard.raleigh@wbd-us.com>; daoffice@baldwincountyal.gov <daoffice@baldwincountyal.gov>; baldwinDA@baldwincountyal.gov <baldwinda@baldwincountyal.gov>; "baldwinda@baldwincountyal.gov" <baldwinda@baldwincountyal.gov>; bob@schreiberadr.com <bob@schreiberadr.com>; jvance@law.ua.edu <jvance@law.ua.edu>; jws@willsellers.com <jws@willsellers.com>; cdobson@maynardnexsen.com <cdobson@maynardnexsen.com>; jwilson@birminghambar.org <jwilson@birminghambar.org>; Ross Cohen <rcohen@bakerdonelson.com>; spratling@wskllp.com <spratling@wskllp.com>; Mark Ezell <mee@ezell-law-llc.com>; John Steiner <john@steinerlawllc.com>; spoer@scottdukeslaw.com <spoer@scottdukeslaw.com>; ddowd@burr.com <ddowd@burr.com>; Chris Christie <chris.christie@dentons.com>; Gwen Windle <gwindle@charter.net>; hello@waterssullivan.com <hello@waterssullivan.com>; ryeilding@bradley.com <ryeilding@bradley.com>; glondon@burr.com <glondon@burr.com>; Celeste Grenier <furgren@gmail.com>; cpilcher@balch.com <cpilcher@balch.com>
Cc: Marty Smith <marty@mitchellmeadows.com>; Elizabeth Yang <emyang@wstrongllc.com>
Sent: Monday, February 24, 2025 at 07:54:20 AM CST
Subject: 60 Minutes last night -- DOJ and the rule and law
In connection with
The Final Battle against Donald J. Trump: Dear Sen. Britt re rule of law, I pass along to you for your consideration the first segment on 60 Minutes last night
Firings and resignations at the Department of Justice in first weeks of the Trump administration - CBS News, which concerned the Department of Justice and the rule of law.
Thank you.
For filing in
The Final Battle against Donald J. Trump: The January 6th lawbreaker President, day 35.
Email to Alabama State Bar Bench & Bar Relations CommitteeFrom: Rob Shattuck <rdshatt@aol.com>
To: [Sent to 51 members of Alabama State Bar Bench & Bar Relations Committee. Email addresses were obtained from Alabama State Bar website. It is believed the email address information is not available to general public, and email addresses are omitted here.]
Sent: Monday, February 24, 2025 at 08:05:38 AM CST
Subject: 60 Minutes last night -- DOJ and the rule and law
In connection with
The Final Battle against Donald J. Trump: Dear Sen. Britt re rule of law, I pass along to you for your consideration the first segment on 60 Minutes last night
Firings and resignations at the Department of Justice in first weeks of the Trump administration - CBS News, which concerned the Department of Justice and the rule of law.
Thank you.
For filing in
The Final Battle against Donald J. Trump: The January 6th lawbreaker President, day 35.
Email re House hearing 2/25/25 re weaponization of DOJFrom: Rob Shattuck <rdshatt@aol.com>
To: Brannon Buck <bbuck@badhambuck.com>; Terri B. Lovell <terri.lovell@alabar.org>; mckinney@watsonmckinney.com <mckinney@watsonmckinney.com>; suzanneduffey@mc-ala.org <suzanneduffey@mc-ala.org>; flatta@burr.com <flatta@burr.com>; wbrewbak@law.ua.edu <wbrewbak@law.ua.edu>; sgarrett@bsol.com <sgarrett@bsol.com>; ccampbell@faulkner.edu <ccampbell@faulkner.edu>; blakehudson@samford.edu <blakehudson@samford.edu>; christy.crow@jinkscrow.com <christy.crow@jinkscrow.com>; richard.raleigh@wbd-us.com <richard.raleigh@wbd-us.com>; daoffice@baldwincountyal.gov <daoffice@baldwincountyal.gov>; baldwinDA@baldwincountyal.gov <baldwinda@baldwincountyal.gov>; "baldwinda@baldwincountyal.gov" <baldwinda@baldwincountyal.gov>; bob@schreiberadr.com <bob@schreiberadr.com>; jvance@law.ua.edu <jvance@law.ua.edu>; jws@willsellers.com <jws@willsellers.com>; cdobson@maynardnexsen.com <cdobson@maynardnexsen.com>; jwilson@birminghambar.org <jwilson@birminghambar.org>; Ross Cohen <rcohen@bakerdonelson.com>; spratling@wskllp.com <spratling@wskllp.com>; Mark Ezell <mee@ezell-law-llc.com>; John Steiner <john@steinerlawllc.com>; spoer@scottdukeslaw.com <spoer@scottdukeslaw.com>; ddowd@burr.com <ddowd@burr.com>; Chris Christie <chris.christie@dentons.com>; Gwen Windle <gwindle@charter.net>; hello@waterssullivan.com <hello@waterssullivan.com>; ryeilding@bradley.com <ryeilding@bradley.com>; glondon@burr.com <glondon@burr.com>; Celeste Grenier <furgren@gmail.com>; cpilcher@balch.com <cpilcher@balch.com>
Cc: shannon.isbell@wbrc.com <shannon.isbell@wbrc.com>; Susana Schuler <susana.schuler@hearst.com>; brendan.kirby@fox10tv.com <brendan.kirby@fox10tv.com>; jama.killingsworth@waff.com <jama.killingsworth@waff.com>; Mike Wright <mwright@waaytv.com>; rmartin@cbs42.com <rmartin@cbs42.com>; Baylor Long <blong@hearst.com>; dwingard@wsfa.com <dwingard@wsfa.com>; news@mynbc15.com <news@mynbc15.com>; randy.merrow@fox10tv.com <randy.merrow@fox10tv.com>; gmcdonald@waka.com <gmcdonald@waka.com>; comments@abc3340.com <comments@abc3340.com>; newstip@abc3340.com <newstip@abc3340.com>; wvtm13@wvtm.com <wvtm13@wvtm.com>; dlamb@cbs42.com <dlamb@cbs42.com>; Jen Cardone <jcardone@cbs42.com>; sdiorio@wvua23.com <sdiorio@wvua23.com>
Sent: Tuesday, February 25, 2025 at 11:35:52 AM CST
Subject: House hearing today re weaponization of DOJ
To Alabama lawyers:
The Congressional House Judiciary Subcommittee on Oversight is having a hearing at 2 pm ET today that will "examine the Biden-Harris Administration's weaponization of the Department of Justice (DOJ) against American citizens and its political opponents [and that] will explore how the Trump-Vance Administration is working to restore the rule of law. Link for the hearing:
Entering the Golden Age: Ending the Weaponization of the Justice Department | House Judiciary Committee Republicans.
Rep. Barry Moore is on the subcommittee.
Oversight (119th Congress) | House Judiciary Committee Republicans.
May Alabama lawyers help Alabama TV stations evaluate the subcommittee's hearing today and report to their viewers about whether the United States is or is not "Entering the Golden Age: Ending the Weaponization of the Justice Department" as touted in the title of the link in the first paragraph above.
Thanks.
[For filing in
The Final Battle against Donald J. Trump: Dear Sen. Britt re rule of law]
Email to Alabama State Bar Bench & Bar Relations CommitteeFrom: Rob Shattuck <rdshatt@aol.com>
To: [Sent to 51 members of Alabama State Bar Bench & Bar Relations Committee. Email addresses were obtained from Alabama State Bar website. It is believed the email address information is not available to general public, and email addresses are omitted here.]
Sent: Tuesday, February 25, 2025 at 11:55:43 AM CST
Subject: House hearing today re weaponization of DOJ
To Alabama State Bar Bench & Bar Relations Committee:
The Congressional House Judiciary Subcommittee on Oversight is having a hearing at 2 pm ET today that will "examine the Biden-Harris Administration's weaponization of the Department of Justice (DOJ) against American citizens and its political opponents [and that] will explore how the Trump-Vance Administration is working to restore the rule of law." Link for the hearing:
Entering the Golden Age: Ending the Weaponization of the Justice Department | House Judiciary Committee Republicans.
Rep. Barry Moore is on the subcommittee.
Oversight (119th Congress) | House Judiciary Committee Republicans.
May the Alabama State Bar Bench & Bar Relations Committee help Alabama TV stations evaluate the subcommittee's hearing today and report to their viewers about whether the United States is or is not "Entering the Golden Age: Ending the Weaponization of the Justice Department" as touted in the title of the link in the first paragraph above.
Thanks.
[For filing in
The Final Battle against Donald J. Trump: Dear Sen. Britt re rule of law]
Email to Alabama lawyers re Covington & BurlingFrom: Rob Shattuck <rdshatt@aol.com>
To: Brannon Buck <bbuck@badhambuck.com>; Terri B. Lovell <terri.lovell@alabar.org>; mckinney@watsonmckinney.com <mckinney@watsonmckinney.com>; suzanneduffey@mc-ala.org <suzanneduffey@mc-ala.org>; flatta@burr.com <flatta@burr.com>; wbrewbak@law.ua.edu <wbrewbak@law.ua.edu>; sgarrett@bsol.com <sgarrett@bsol.com>; ccampbell@faulkner.edu <ccampbell@faulkner.edu>; blakehudson@samford.edu <blakehudson@samford.edu>; christy.crow@jinkscrow.com <christy.crow@jinkscrow.com>; richard.raleigh@wbd-us.com <richard.raleigh@wbd-us.com>; daoffice@baldwincountyal.gov <daoffice@baldwincountyal.gov>; baldwinDA@baldwincountyal.gov <baldwinda@baldwincountyal.gov>; "baldwinda@baldwincountyal.gov" <baldwinda@baldwincountyal.gov>; bob@schreiberadr.com <bob@schreiberadr.com>; jvance@law.ua.edu <jvance@law.ua.edu>; jws@willsellers.com <jws@willsellers.com>; cdobson@maynardnexsen.com <cdobson@maynardnexsen.com>; jwilson@birminghambar.org <jwilson@birminghambar.org>; Ross Cohen <rcohen@bakerdonelson.com>; spratling@wskllp.com <spratling@wskllp.com>; Mark Ezell <mee@ezell-law-llc.com>; John Steiner <john@steinerlawllc.com>; spoer@scottdukeslaw.com <spoer@scottdukeslaw.com>; ddowd@burr.com <ddowd@burr.com>; Chris Christie <chris.christie@dentons.com>; Gwen Windle <gwindle@charter.net>; hello@waterssullivan.com <hello@waterssullivan.com>; ryeilding@bradley.com <ryeilding@bradley.com>; glondon@burr.com <glondon@burr.com>; Celeste Grenier <furgren@gmail.com>; cpilcher@balch.com <cpilcher@balch.com>
Cc: Marty Smith <marty@mitchellmeadows.com>; Elizabeth Yang <emyang@wstrongllc.com>
Sent: Wednesday, February 26, 2025 at 06:06:09 PM CST
Subject: Covington & Burling
In the event that you have been thinking about what is happening to the rule of law in the United States, and in case you have not heard about it, "President Donald Trump on Tuesday ordered the suspension of any security clearances held by lawyers at a prominent Washington law firm [Covington & Burling] who provided legal services to
special counsel Jack Smith, the latest move in the Republican’s campaign of retribution over the criminal investigations that dogged him before he returned to office."
Trump strips security clearances of lawyers at DC law firm helping Jack Smith | AP News.
For filing in
The Final Battle against Donald J. Trump: Dear Sen. Britt re rule of law
Email to Alabama State Bar Bench & Bar Relations CommitteeFrom: Rob Shattuck <rdshatt@aol.com>
To: [Sent to 51 members of Alabama State Bar Bench & Bar Relations Committee. Email addresses were obtained from Alabama State Bar website. It is believed the email address information is not available to general public, and email addresses are omitted here.]
Sent: Wednesday, February 26, 2025 at 06:11:52 PM CST
Subject: Covington & Burling
In the event that you have been thinking about what is happening to the rule of law in the United States, and in case you have not heard about it, "President Donald Trump on Tuesday ordered the suspension of any security clearances held by lawyers at a prominent Washington law firm [Covington & Burling] who provided legal services to
special counsel Jack Smith, the latest move in the Republican’s campaign of retribution over the criminal investigations that dogged him before he returned to office."
Trump strips security clearances of lawyers at DC law firm helping Jack Smith | AP News.
For filing in
The Final Battle against Donald J. Trump: Dear Sen. Britt re rule of law
